Discovery Question

[topdoggy]

I sent my responses to the opposing lawyer for discovery a few weeks ago.  Since I handed to a post office person, I'm 100% sure the post office got it.

 

Now the lawyers are claiming I never sent the answers, and are threatening sanctions.

 

They probably lost it in their office.  These guys are really sloppy, and tend to do weird things like send in files with the wrong case number, etc. 

 

I have a depo with them in a few days.  Should I print it out again and give them the copy during the depo?  That way I know they got it.

 

The only problem is, I didn't make a photocopy after I got it notarized.  I didn't think they would be this careless.  Is it OK for me to give them a non-notarized copy, since they were the ones who lost the original?

 

I'm in Wisconsin if that makes a difference.

[JohnDoe692]

Did you send it CMRRR (Certified Mail, Return Receipt Requested)? If not, make sure everything you send them is done like that. That way they cant deny receiving anything!!

[Spikey]

You should also always have a copy of anything you send. Things get lost and/or misplaced all the time.

[topdoggy]

I probably should do that.  I've sent them stuff in the past with no trouble, though. 

 

I am strongly considering handing the stuff to them in person during the depo, and making them sign a form stating that they got it. 

[shellieh98]

You made 2 mistakes here.  1. you sent them the original.  Always keep the original for yourself.

2. you didn't send it certified.  ALWAYS send it certified with return receipt requested.  They can claim they never got it, they know you didn't send it certified.  Do it again, get it notarized (your bank will usually do it for free for you) the send it cmrrr.  I would put an additional note in there, or even maybe make an affidavit stating that they were sent on xx/xx/xx, and you were unaware you should have sent them cmrrr.  Have that notarized also so if they do ask for sanctions the court will take leniency on you. Don't wait for the depo, send it today.

[topdoggy]

Thanks to everyone who posted.  I'm going to do the best I can with this. 

 

Fortunately for me, this particular firm has already irked the judge with their prevarication, and they have shown a history of extreme sloppiness, so I am not really that worried about the judge believing me.

[nascar]

Thanks to everyone who posted.  I'm going to do the best I can with this. 

 

Fortunately for me, this particular firm has already irked the judge with their prevarication, and they have shown a history of extreme sloppiness, so I am not really that worried about the judge believing me.

 

Then it isn't a stretch to conclude they did in fact receive the documents and are simply claiming they didn't (which happens all the time).

[topdoggy]

With this firm, that wouldn't surprise me at all. 

 

There is a famous dictum attributed to Napolean that what appears to be malice is usually incompetence,

 

I have seen some incompetence from this firm, but far more malice. 

[BV80]

I agree with Shellie.  I'd send the responses again, but this time by CMRRR.  If you want to include an affidavit (notarized) that you had previously sent the responses on X date, you could.

 

I'm thinking a fair judge would understand that items get lost in the mail and/or that law firms can "misplace" documents.